Act '64, s. 21. Board may direct surveyor to apply to jus unnecessary highway. Like proceedings to be had as way Act, 1835, for DISCONTINUANCE OF UNNECESSARY HIGHWAYS. When any highway board consider any highway unnecessary for public use, they may direct the distices to view trict surveyor to apply to two justices to view the same, and thereupon the like proceedings shall be had as where application is made under the "Highway under High- Act, 1835," to procure the stopping up any highway, save only that the order to be made thereupon, instead stopping up of directing the highway to be stopped up, shall direct that the same shall cease to be a highway which the parish is liable to repair, and the liability of the parish shall cease accordingly; and for the purpose of such is liable to proceedings under this enactment, such variation shall be made in any notice, certificate, or other matter preliminary to the making of such order as the nature of the case may require: highway. Order to direct that highway shall cease to be one which parish repair. Court of quarter ses any time thereafter Provided that if at any time thereafter, upon applisions may at cation of any person interested in the maintenance of such highway, after one month's previous notice in the liability writing thereof to the clerk of the highway board for of the parish the district in which such highway is situated, it shall revive. appear to any court of general or quarter sessions of direct that to repair Expenses of application to be paid as court see fit. the peace that from any change of circumstances since the time of the making of any such order as aforesaid under which the liability of the parish to repair such highway has cea sed the same has become of public use, and ought to be kept in repair by the parish, they may direct that the liability of the parish to repair the same shall revive from and after such day as they may name in their order, and such liability shall revive accordingly as if the first-mentioned order had not been made; and the said court may by their order direct the expenses of and incident to such application to be paid as they may see fit. rity liable to way in court of jurisdiction If any authority liable to keep any highway in Act '78, s. 24. repair is of opinion that so much of such highway as Any autholies within any parish situate in a petty sessional divi- keep highsion is unnecessary for public use, and therefore ought repair may not to be maintained at the public expense, such apply f authority (in this section referred to "as the applicant summary authority") may apply to the court of summary juris- to view. diction of such petty sessional division to view by two or more justices, being members of the court, the highway to which such application relates, and on such view being had, if the court of summary jurisdic- If court of tion is of opinion that the application ought to be pro- the applicaceeded with, it shall by notice in writing to the owners proceed, it or reputed owners and occupiers of all lands abutting notices apupon such highway, and by public notice appoint a and place at time and place, not earlier than one month from the which it will date of such notice, at which it will be prepared to tions to hear all persons objecting to such highway being being declared unnecessary for public use, and not repairable unnecessary. at the expense of the public. opinion that tion should shall by point a time hear objec highway declared day court to tions and dismissing On the day and at the place appointed, the court On appointed shall hear any persons objecting to an order being hear objec made by the court that such highway is unnecessary make order for public use and ought not to be repairable at the application public expense, and shall make an order either dis- or declaring missing the application or declaring such highway unnecessary. unnecessary for public use, and that it ought not to be repaired at the public expense. If the court make such last-mentioned order as aforesaid, the expenses of repairing such highway shall cease to be defrayed out of any public rate. the highway notice of hearing to Public notice of the time and place appointed for Public hearing a case under this section shall be given by applicant authority as follows: that is to say :(1.) By advertising a notice of the time and place ment in local be given by applicant by advertise. Act '73, s. 24. ewspaper and affixing copy to church and chapel doors. Court of quarter ses any time thereafter direct that the liability way to be at public expense shall revive. appointed for the hearing and the object of the hearing, with a description of the highway to which it refers in some local newspaper circulating in the district in which such highway is situate once at least in each of the four weeks preceding the hearing; and (2.) By causing a copy of such notice to be affixed at least fourteen days before the hearing to the principal doors of every church and chapel in the parish in which such highway is situate, or in some conspicuous position near such high way. And the application shall not be entertained by the court until the fact of such public notice having been given is proved to its satisfaction. If at any time after an order has been made by a sions may at Court of summary jurisdiction under this section, upon application of any person interested in the maintenance of the highway in respect of which such order of such high- has been made, after one month's previous notice in maintained writing thereof to the applicant authority, it appears to the court of quarter sessions that from any change of circumstances since the time of the making of any such order as aforesaid such highway has become of public use, and ought to be maintained at the public expense, the court of quarter sessions may direct that the liability of such highway to be maintained at the public expense shall revive from and after such day as they may name in their order, and such highway shall thenceforth be maintained out of the rate applicable to payment of the expenses of repairing other highways repairable by the applicant authority; and the said Expenses of court of quarter sessions may by their order direct the to be paid as expenses of and incident to such application to be paid court see fit. as they may see fit. application Any order of a court of summary jurisdiction under Act '78, s. 24. this section shall be deemed to be an order from which Appeal to an appeal lies to a court of quarter sessions. IMPROVEMENTS. quarter sessions lies against order of court of summary jurisdiction. Board may provements money for approval of quarter sessions. A highway board may make such improvements as Act '64, s. 47. are hereinafter mentioned in the highways within make imtheir jurisdiction, and may, with the approval of the and borrow justices in general or quarter sessions assembled, borrow them with money for the purpose of defraying the expenses of such improvements: Previously to applying for the approval of the jus- Estimate tices the highway board must cause an estimate of the made, and expense of the improvements to be made, and two notice given, months at the least before making their application cation for must give notice of their intention so to do. The must be two months' before appli justices' approval. notice must state the following particu- Contents of lars:- (2.) The parish or parishes within the district by (3.) The number of years within which the principal notice. Act '61, s. 47. Service and publication of notice. Notice must be given as follows:— (1.) By transmitting a copy to the clerk of the peace for the county or division : (2.) By placing a copy of such notice for three successive Sundays on the church door of every church of the parish or parishes on behalf of which such works are to be done, or, in the case of any place not having a church, in some conspicuous position in such place. Upon the hearing of the application any person or opposed by persons may oppose the approval of the justices being given, and the justices may give or withhold their approval, with or without modification, as they think just. Application may be any person. Moneys bor rowed to be All moneys borrowed in pursuance of this Act, a first charge together with the interest thereon, shall be a first charge on the highway rates of each parish liable to sums due to contribute to the payment thereof, after paying the on highway rates after payment of board. Sums re sums due to the highway board on account of the district fund, in the same manner, so far as the creditor is concerned, as if the money had been borrowed on account of each parish alone; and the sums necessary to repay the said borrowed moneys, with recoverable interest, shall in each such parish be recoverable in like expenses of keeping the same manner as if they were expenses incurred by highways in the board in keeping in repair the highways of that parish. quired for repayment repair. Generai orders as But it shall be the duty of the highway board, in case of any one parish paying more than its share of such borrowed money, or of the interest thereon, to make good to that parish the excess so paid out of the rates of the other parishes liable to contribute thereto. The justices may from time to time make general orders in relation to the mode in which applications are |